Kitaya Holdings Pty Ltd T/A Jessie McPherson Private Hospital

[2024] FWCA 1349

[2024] FWCA 1349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kitaya Holdings Pty Ltd T/A Jessie McPherson Private Hospital

(AG2024/766)

JESSIE MCPHERSON PRIVATE HOSPITAL (NURSES & MIDWIVES) ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 17 APRIL 2024

Application for approval of the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kitaya Holdings Pty Ltd T/A Jessie McPherson Private Hospital. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 18.5(b) and 40.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(d)(ii) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

2. The Agreement is approved and in accordance with s.54, will operate from 24 April 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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